Khalil
Mechantaf is an Attorney at Law in Beirut, Lebanon. He is currently
a Legal Associate in private practice with a main focus on international law
and agreements, and a member of the Editorial board of the Journal of Arab
Arbitration. He has previously worked at the International Criminal Court and
has published several studies on the judicial system in Lebanon.

Bahrain is a constitutional/central monarchy ruled by Al
Khalifa family and transferred from the King to his oldest Heirs, unless the
King appoints before his death one of his other Heirs to exercise his powers.
The current king is Hamad Ibn Isa Al Khalifa.

The
Kingdom of Bahrain gained full independence from Britain in August 1971. Since
then Bahraini law has followed similar pattern to other Arab states
legislation, particularly Egyptian codes. The system of Governance is Democratic. Islam is the
religion of the Kingdom and the legal system is based on the Islamic Sharia,
codified systems and the English common law. The Islamic Sharia is the major
source of legislation, followed by custom; natural law or principles of equity and good
conscience.

The Constitution
entered into force on December 6, 1973 and was suspended in 1975. A national
charter was declared following a referendum undertaken on the 14 and 15 of
February 2001. As a consequence, the King rendered the Constitution after
incorporating the amendments according to the provisions of the national
charter.

The Constitution
refers, among others, to the right of vote for every mature citizen regardless
of his sex (article 1); justice, freedom and right for education as the
fundamental constituents of society (art. 4); equality between man and woman
without violating the rules of Islamic Sharia (art. 5); the creation of two
legislative councils: an elected Parliament and an Advisory Council; the freedom
of worship, private work, movement of capitals and the respect of private
properties (art. 9 and 22); equality of citizens towards the rule of law
regardless of sex, race, language, religion or ideology (art. 18); prohibition
of torture, of arbitrary detention, and protection of personal freedom (art.
19); principles of nullum crimen sine lege (art. 20) and trias
politica (art. 32).

The King enjoys a broad legislative and executive mandate.
He assumes the Executive Power with the Council of Ministers, and the
Legislative Power with the National Council. In addition, the judicial
decisions rendered by the State courts are rendered in his name.The King appoints the Prime Minister, the Ministers, and
members of the Executive power. He is the Supreme Commander of the Armed Forces
and defines the Kingdoms foreign policy.

According
to the Constitution, the King is the protector of the legality of the
government and the supremacy of law. He can propose constitutional amendments
and initiates laws, and he alone ratifies and promulgates the laws.

A bill is considered to
have been ratified and promulgated by the King if a period of six months from
the date of its submission from the Advisory Council and the Parliament without
the King returning it to any of the those councils for reconsideration.

If the Parliament or
the Advisory Council reconfirms the bill by a majority vote of two thirds of
its members, the King shall ratify and promulgate the bill within one month
from the date of reconfirmation.

The King signs and
ratifies treaties as well by a decree and transfers them to the Advisory
Council and the Parliament. A treaty can have the force of a law upon
ratification and publication in the official Gazette. As for peace treaties and
alliances, treaties concerning the territory of the State, its natural
resources or sovereign rights, or public or private rights of citizens, trade
treaties, navigation or residence and treaties that cause additional
expenditures not provided for in the budget of the State or which include
amendments to the laws of Bahrain, those treaties can only come into effect
when made by a Law. A treaty may never include, under any circumstances, secret
provisions that contradict its declared conditions.

The King may, should a
necessity arise for urgent measures to be taken without delays while the
Advisory Council or the Parliament are not in session, or in case the latter is
dissolved, issue decrees in respect of the treaties which shall have the force
of a law, provided that they are not contrary to the Constitution. Those
decrees shall be referred to both Councils within one month from the date
following their issue if the Advisory Council or the Parliament is in session
or within one month from the first meeting of any of the new Councils if it is
dissolved or its legislative term has expired. Any failure in such referral, it
will automatically cease to have the force of a law. The same goes if they are
referred and the Councils do not confirm them.

Also as part of his
legislative mandate, the King may grant a pardon or commute a sentence by a
decree. Amnesty can only be granted by a Law for crimes committed prior to the
proposal of the Amnesty.

The King may dissolve
the Parliament according to a motivated decree. The Parliament cannot be
dissolved a second time for the same reasons.

As being the Supreme Commander of the Armed Forces, the
declaration of defensive war is made by a decree issued by the King himself and
instantly referred to the Parliament following the declaration. The latter will
decide on the fate of such declaration. Offensive war is prohibited by the
Constitution. National peace and Martial laws are proclaimed by a decree for a
maximum period of three months, and can only be extended upon the approval of
the majority of the members of the Parliament who are present during the vote.

The king appoints and removes civil and military employees
and diplomatic representatives at States and international organizations. He
also accepts credentials of the representatives of States and organizations.

The Executive power is assumed by the King along with the
Council of Ministers, and composed of the Prime Minister and the Ministers.

The Council of
Ministers formulates the general policy of the Government, pursue its execution
and supervise the functioning of the Governments departments. The King presides
over the meetings of the Council of Ministers.

The mandate of the Bahraini Prime Minister is similar to
that of most Arab Prime Ministers. According to the Constitution, the Prime
Minister supervises the functions of the Council of Ministers, implements its
decisions and coordinates the activities of the various ministries in order to
ensure that their functions are integrated. The resignation of the Prime
Minister would lead to the resignation of all the Ministers. The resigned Prime
Minister or Minister continues to deal with urgent matters until a successor is
appointed.

Every Minister supervises the affair of his Ministry and
executes therein the general policy of the Government. He formulates directives
for the Ministry and supervises their execution. While in office, a Minister
cannot hold any other public office, nor can he practice, even indirectly, a
profession or undertake any industrial, commercial or financial business. He is
not entitled to participate in any concession granted by the Government or by
public bodies or cumulate the ministerial post with membership of the board of
directors of any company, except as a representative of the Government and
without any remuneration. During the period of his mandate, the Minister cannot
buy or take on hire any property of the State even by public auction, nor can
he let, sell or barter any of his property to the State.

Deliberations of the Council of Ministers are secret.
Decisions are passed when the majority of its members are present and with the
approval of the majority of those present. In case of an equal division of
votes, the side on which the Prime Minister has voted prevails. Unless they
resign, the minority abides by the opinion of the majority. Decisions of the
Council are submitted to the King for ratification in cases where the issue of
a decree is required.

A National Assembly was created on June 1972 and dissolved
on August 26, 1975. The legislative powers were controlled by the Council of
Ministers, until an Advisory Council was established in 1992 of forty appointed
members with the power to propose draft laws. The amended Constitution rendered
on February 14, 2002 ordered the establishment of a legislative committee
composed of two, rather than one Council. The Committee preserved the appointed
Advisory Council and granted it broader legislative powers. It also
reinstituted the elected Parliament with the power to propose and ratify draft
laws. Each of the councils, the Advisory Council and the Parliament, is
composed of forty members. They both constitute the National Council.

Members of the Advisory Council are appointed by the King.
They should be Bahraini nationals and have no less than thirty five years of
age upon appointment. The term of appointment is four years. A member whose
membership reached its term may be reappointed. If, for any reason, a seat in
the Advisory Council becomes vacant before the end of the term of the member,
the King shall appoint a successor for the remaining period of his predecessor.
A member may submit his resignation to the President of the Council, who in
turn refers it to the King. The membership ends only upon the approval of the
King on such resignation. The King appoints the President of the Advisory
Council for a term similar to that of the Council, while the members of the
Council elect two Vice Presidents for each session.

Members of the Parliament are elected by secret ballot.
Each member should be a Bahraini national and have at least thirty years of age
at the day of the election.

The term of the Parliament is four calendar years
commencing from the date of its first meeting. Elections for the new Parliament
take place within four months preceding the expiry of the said term, while
members whose term of office expired may be re-elected. The King, when
necessary, may extend the mandate of the Parliament for a maximum of two years.

If, for any reason, a seat in the Parliament becomes vacant
before the end of the term, the vacancy shall be filled by election within two
months from the date on which the Parliament declares the vacancy. The term of
the new member lasts until the end of the term of his predecessor.

The
Parliament is the competent authority to approve the resignation of its
members. The resignation is only effective upon its endorsement by the
Parliament. If a vacancy occurs within six
months prior to the expiry of the legislative term of the Parliament no
successor shall be elected.

When holding its first session, the Parliament elects a
President and two vice Presidents from its members for the Parliaments term.
If any office becomes vacant, the Parliament elects a successor for the
remainder of its term. The Election is based on the absolute majority of votes
of those present. If such majority vote is not attained in the first ballot, a
second ballot will be held between the two candidates receiving the highest
number of votes in the first ballot. A relative majority is sufficient at this
stage. Should the votes be equal, the Parliament will choose a candidate by
drawing lot.

The Parliament holds its first session under
the presidency of the oldest member.

The
Court of Cassation is the competent authority to settle any annulment recourse
filed against the legislative elections.

Should the Parliament be dissolved, the election of the new
parliament must be held during a maximum period of four months from the date of
the dissolution. The King may postpone such election if there are urgent
circumstances according to which the Council of Ministers considers that the
holding of new elections is impossible.

Every Minister shall report to the Parliament on the
affairs of his Ministry.

The interpellation of a Minister with regard to matters
falling within his competence may be raised upon a request signed by at least
five members of the Parliament. The interpellation should not be on the private
interest of the Minister or any of his cousins. The Parliament may not start a
debate upon such a request before the elapse of eight days from the
presentation thereof.

The interpellation may lead to vote on the confidence of
the Minister by the Parliament. The question of confidence in a Minister may
not be raised except upon his request or upon a demand signed by ten members of
the Parliament, following a debate on an interpellation addressed to him. The
Parliament may not make a decision upon such a request before the elapse of
seven days from the presentation thereof.

If the Parliament passes a vote of no confidence against a
Minister he will be considered to have resigned his office as from the date of
the vote of no confidence and shall submit his formal resignation immediately.
Withdrawal of confidence from a Minister shall be made by a majority of two
thirds of the members constituting the Parliament.

The question of confidence in the Prime Minister cannot be
raised by the Parliament. If two thirds of the members of the Parliament decide
that they cannot cooperate with the Prime Minister, the matter will be
submitted to the National Council for settlement. The latter may not render a
decision on the matter of cooperation with the Prime Minister before the elapse
of seven days from the date such matter was submitted. If two thirds of the
members of the National Council decide that they cannot cooperate with the
Prime Minister, the matter shall be submitted to the King for settlement. The
King either relieves the Prime Minister of office and appoints a new council of
Ministers or dissolves the Parliament.

The Bahraini Constitution laid down several provisions that
are common to both Councils and granted them major legislative powers.
Accordingly, no law can be passed without the confirmation of the Advisory
Council and the Parliament or the National Council as deemed by the
circumstances, and ratified by the King.

The National Council convenes on the second Saturday of
October, unless the King convokes the Council to hold its meeting before this
date.

Notwithstanding the abovementioned provisions, the National
Council convenes the day after the elapse of one month from the date of the
appointment of the Advisory Council or the election of the Parliament, unless
the King convokes the Council to hold its meeting before this date.

The King inaugurates the ordinary session of the National
Council by the royal speech. Each of the Councils chooses a committee from its
members to prepare a draft reply to the speech, which shall be submitted to the
King upon ratification. The Advisory Council and the Parliament will, by a royal decree, be called
to an extraordinary session if the King deems it necessary, or upon the request
of the majority of its members. In an extraordinary session, the Council may
not consider matters other than those for which it has been convened. The King
announces by a royal decree the prorogation of ordinary and extraordinary
sessions.

Sittings of both Councils are
public. However, they may be held in camera upon the request of the Government,
the Speaker of the Council or ten of its members. The debate on such request is
held in camera.

The King may, by a royal decree,
adjourn the meeting of the National Council for a period not exceeding two
months. Adjournment may not be repeated during the same session.

For a meeting of the Advisory Council and the Parliament
to be valid, more than half of its members must be present. Resolutions are
passed by an absolute majority vote of the members present, except in cases
where a special majority is required. In
case of an equal division of votes, the side on which the Speaker has voted
prevails. In
case the vote is related to the constitution, it should be done by calling each
of the members. If the quorum for such meetings was not satisfied in two
consecutive times, the meeting of the Council shall be considered valid if at
least a quarter of its members are present.

Each Council has its own internal law that organizes the
discussions, voting, questions and interpellation in the Advisory Council and
the Parliament along with their committees, in addition to the penalties that
may be inflicted on the members who violate its rules or refrain from attending
the sessions of the Council or its committees without a valid reason.

The Prime Minister submits the draft laws to the
Parliament who may approve the law, amend or reject it. In all cases, the draft
law is referred to the Advisory Council who may approve, amend or reject it, or
adopt, amend or reject the modifications of the Parliament to that same law.
Priority in discussions is always given to draft laws and proposals submitted
by the Government. In case the Advisory Council disapproves a draft law adopted
by the Parliament, whether by rejection, amendment, deletion or addition, the
President of the Council refers it back to the Parliament for its review.

If the Parliament approves the version of the draft law
submitted by the Advisory Council, the President of the latter Council refers
it to the Prime Minister who submits it to the King. The Parliament may reject
any amendment on the draft law made by the Advisory Council, and insist in turn
on its previous decision without introducing any new amendments to the draft
law. In this case, the draft law shall be referred to the Advisory Council, who
may approve the decision of the Parliament or insist on his position.

If the Advisory Council and the Parliament disagree twice
on any draft law, the National Council shall convene to discuss the issues
subject of disputes. The draft law may be approved by a decision of the
National Council rendered by the majority of its present members. If the draft
law was rejected, it shall not be submitted twice to the National Council
during the same session.

Each draft law on economic or financial issues is
submitted, upon the request of the Government, to the Parliament for approval
during a period of fifteen days. In case such period has expired, the draft law
is referred to the Advisory Council to decide upon it during a period of
fifteen days. In case of a dispute between both Councils over the submitted
draft law, the National Council may render its vote during a similar period. If
such period has expired, the King may ratify the said law by a decree.

Online legal portals are: Bahrain
center for Studies and Research;Justice-Law. This portal is a compilation
of most Laws of Arab countries and international agreements signed between Arab
States. You must subscribe to access its content and subscription is free of
charge. (Arabic only)

The constitution preserves the immunity of members of both
Councils through a series of protections in order to allow them to fully play
their role as representatives of the entire people. The member safeguards the
public interest and shall not be subject to any authority in the discharge of
his duties in the Assembly or in its committees.

A member of the Advisory Council or the Parliament is free
to express any views or opinions in the Assembly or in its committees, and
under no circumstances shall he be held liable in respect thereof, unless such
views expressed violate the basis of the ideology, the unity of the nation, the
respect towards the King or an intervention in the private of life of any
person.

Except in cases of flagrante delicto, no measures of
detention, investigation, search, arrest, imprisonment or any other criminal
measure may be taken against a member while the Advisory Council or the
Parliament is in session without the authorization of the Council in which he
is a member. If the National Assembly is not in session, such authorization
shall be obtained from the Speaker of the Council. If the of the Council or its
President does not give a decision regarding a request for authorization within
one month from the date of its receipt, permission shall be deemed to have been
granted.

Similarly to the membership in the Council of Ministers,
the Constitution laid down restrictions on the membership in the Advisory
Council or the Parliament, since it is prohibited to have a membership in both
Councils, or be a member in any of the Councils and hold any other public office, or cumulate the ministerial post
with membership of the board of directors of any company, nor can a member
participate in any concession granted by the Government or by public bodies.
During the period of his mandate, a Member cannot buy or take on hire any
property of the State even by public auction, nor can he let, sell or barter
any of his property to the State, except through a concession or expropriation
for public interest.

Every member of the Advisory Council or the Parliament may
put to the Ministers questions with a view to clarifying matters falling within
their competence. The questioner alone shall have the right to comment once on
the answer, and if the Minister adds something new then the right of the member
shall be renewed. The question should not be
related to the private interest of the questioner or any of his cousins.

Fifteen members of the Advisory Council or the Parliament
may propose an amendment to the Constitution, while any member of the both
Councils may propose draft laws. Each proposal is referred to a special
committee in the Council in which the proposal was made. If approved by the
Council, the proposal will be referred to the Government who issues a draft
amendment to the constitution and submits it to the Parliament during the same
session or in the following one.

The Bahraini law regulates the various kinds and degrees
of courts and specifies their functions and jurisdictions. The Judiciary is divided into two branches: The Civil Law
Courts and the Sharia Law Courts.

The
civil Courts have the power to settle commercial, civil and criminal cases, as
well as all other cases related to the personal status law (family law) of
non-Muslims. The personal status law is still not codified. The Supreme Court
of Appeal, or the Court of Cassation, was created in 1989. It is the final
Court of Appeal for commercial, civil and criminal cases. Recourse to Appeal
against decisions with regard to the personal status is allowed before this
Court for non-Muslims.

The
Courts applying the Islamic Sharia Law have the jurisdiction to settle all
cases related to the personal status of Muslims, whether Bahraini citizens or
foreigners. TheSharia law courts are divided into
Sunni and Shii sections, with jurisdiction over disputes relating to
Muslim personal status (except disputes over estates that fall under the
jurisdiction of the competent civil courts, though those courts are obliged to
divide estates in accordance with Islamic law). There are three degrees of the
Sharia
Courts: Junior Sharia Courts that hear personal status cases in the first
instance, Senior Sharia Courts and High Sharia Court of Appeal having ultimate
appellate jurisdiction. The sharia courts apply classical Islamic personal status law to
Muslims without reference to state law.

In
addition to civil law and Sharia law courts, the military Courts form part of
the judicial power and have a jurisdiction restricted to military crimes committed by
members of the armed and security forces and shall not extend to others except
during the time of martial law and within the limits determined by the law.

Sittings of the courts shall be public except in cases
prescribed by the law.

In
September 2000, the Supreme Council of the Judiciary SCJ was created, and has a
main mission of supervising the Judiciary. According to the Constitution of
2002, the King is the Chair of the SCJ. The President of the Court of Cassation
as well as Judges from the Highest Courts of Appeal, applying the civil law and
the Sharia law, constitute the members of the SCJ.

The
Constitutional Court, established pursuant to the Constitution, examines the
conformity of the laws with the constitutional provisions. This Court is
composed of a President and six members appointed by the King according to the
recommendation of the SCJ.

The
Law lays down the rules that provide safeguards for the non-recusation of the
Courts members, and guarantees the right of the King, the Government, the
Advisory Council, the Parliament and individuals with interest to file before
the Court their claims to annulment in the constitutionality of the Laws. The
decision declaring a law unconstitutional shall be retroactive and have
immediate effect unless the Court specifies a date starting from which such
decision shall have effect.

The honor of the judiciary and the integrity and
impartiality of judges are the bases of rule and a guarantee of rights and
liberties. In the administration of justice judges shall not be subject to any
authority. No interference whatsoever shall be allowed in the conduct of
justice. The law shall guarantee the independence of the judiciary and shall
state the guarantees and provisions relating to the judges. The law shall
specify the rules for public prosecution, rendering of legal opinions, drafting
of legislation and representation of the State before the courts. The law shall
regulate the legal profession.

According to the provisions of the amended
Constitution, the legislative authority is vested in the king and the National
Council, consisting of an Advisory Council and an elected Parliament. Executive
authority is vested in the king and his appointed Council of Ministers.

The king may issue decrees with the force of
law, but they must be referred to both the Advisory Council and the Parliament.

The Constitution establishes a Supreme Council
of the Judiciary to supervise the courts and a Constitutional Court to watch
over the constitutionality of laws and statutes.

No general tax may be established, amended or abolished
except by law. No one may be exempted, wholly or partially, from the payment of
such taxes except in the cases specified by the law. No one may be required to
pay any other tax, fee or imposition except within the limits of the law. The
law prescribes the rules for the collection of taxes, fees and other forms of
public funds and the procedure for their expenditure.

Local bodies such as municipalities or public bodies may
grant, borrow or guarantee loans in accordance with their own regulations.

The Government shall draw up the annual budget, comprising
the revenue and expenditure of theState, and submit it to the
Parliament in at least two months before the end of each current fiscal year.
The Parliament shall refer it to the Advisory Council for review according to
the provisions of the Constitution. The budget shall be discussed part by part,
and may be drafted for more than one fiscal year. In no case shall the maximum
estimation of expenditures, included in the budget law or the laws amending it,
be exceeded. Any expenditure not included in the budget, or in excess of the
budget appropriations, shall be entered into effect by a law.

Funds for more than one fiscal year may be appropriated by
a law if the nature of the expenditure so requires. In this case, each annual
successive budget shall include the funds allocated for that year in the way
established by the said law. In addition, an extraordinary budget valid for
more than one fiscal year may be drawn up separately for the expenditure
referred to in the preceding item.

The budget law may not include any provision for
establishing a new tax, increasing or amending an existing law, or evading the
issuance of a law on a matter in respect of which the Constitution provides
that its regulation shall be by a law.

The final account of the financial affairs of the State
for the preceding year shall be submitted first to the Parliament within the
five months following the end of the fiscal year. The ratification of the final
account shall be by a decision of the Advisory Council and the National
Assembly, together with their comments.

Together with the draft annual budget, the Government
shall submit to the Parliament a statement on the financial and economic
situation of the State and arrangements made to implement the appropriation of
the budget in effect and the effect thereof on the new draft budget.

A financial control and audit commission is established by
a law, which ensures its independence. The commission assists the Government
and shall assist the Government and the Parliament in controlling the
collection of the State revenues and the disbursement of its expenditures
within the limits of the budget. The commission submits to both the Government
and the Parliament an annual report on its activities along with its
observations.

No concession for exploitation of either a natural
resource or a public service may be granted except by a law and for a limited
period.

The law shall regulate currency
and banking and determine standards, weights and measures.

The Bahraini Constitution explicitly provides that the
application of its provisions shall not affect treaties and conventions
previously concluded by the Kingdom of Bahrain with other States and
international organizations.

The Constitution adds with regard to the respect of its
provisions that no such provisions may be suspended except when martial law is
in force and within the limits specified by the law. Safeguards for the
protection of the Kingdoms institutions were also provides whereas under no
circumstances the meetings of the Parliament or the Advisory Council be
suspended, nor the immunities of its members be interfered with, during such
period.

Laws are published
in the Official Gazette. Case
reporting is restricted to the judgments of the Court of Cassation, the highest
court in Bahrain. There are no official publications of the Sharia Courts
decisions.

·Online legal portals: Bahrain
Center for Studies and Research;Justice-LawThis
Portal is a
compilation of most Laws of Arab countries and international agreements signed
between Arab States. You must subscribe to access its content and subscription
is free of charge. (Arabic only).

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of Law
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